HomeMy WebLinkAboutACE200700004 Offer to Sell Conservation Easement 2009-02-07ej
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LARRY W. DAVIS
COUNTY ATTORNEY
GREG KAMPTNER
DEPUTY COUNTY ATTORNEY
Mr. Peter Dutnell
P.O. Box 89
North Garden, VA 22959 -0089
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COUNTY OF ALBEMARLE
Office of County Attorney
401 McIntire Road, Suite 325
Charlottesville, Virginia 22902 -4596
PHONE: (434) 972 -4067
FAX: (434) 972 -4068
February 7, 2009
Re: ACE Program; Invitation of offer to sell conser>ation easement
Dear Mr. Dutnell:
ANDREW H. HERRICK
ANNIE KIM
SENIOR ASSISTANT
COUNTY ATTORNEYS
The Albemarle County Board of Supervisors invites you to offer to sell to the County of
Albemarle a conservation easement on those parcels identified as Tax Map 99 Parcels 36C and
38 for a purchase price of $118,000. A copy of the draft deed of easement, setting forth the
terms and conditions of the conservation easement, is enclosed for your review.
[f you elect to offer to sell the conservation easement to the County. your offer should be
received by the County by not later than March 7, 2009. You may use the enclosed offer form
and return it in the enclosed self addressed. stamped envelope. Because the enclosed deed of
easement is still a draft that requires the insertion of the legal description and may be subject to
other minor, non- substantive corrections, please do not sign this draft or return it with the offer to
self.
If you have any questions about this invitation, your offer, or the proposed deed, please
contact either Ches Goodall, the County's ACE Program Coordinator, at 296 -5823; or Larry
Davis, County Attorney, or Andy Herrick, Senior Assistant County Attorney, at 972 -4067.
Very truly yours,
Larry 7Davis
County Attorney
February 7, 2009
Ches Goodall
ACE Program Coordinator
Department of Planning and Community Development
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Re: ACEProgram; Offer Po sell conservation easement
Dear Mr. Goodall:
I offer to sell a conservation easement to the Count, of Albemarle, Virginia for the sum
of $118.000, on those parcels identified as Tax Map 99 Parcels 36C and 38, subject to the terms
and conditions set forth in the proposed deed of easement enclosed with the invitation of offer to
sell.
This offer is made with the assurance that all title issues will be addressed to the
satisfaction of the County so that title is clear and the County may obtain title insurance.
Very truly yours,
Peter Dutnell
LARRY W. DAVIS
COUNTY ATTORNEY
GREG KAMPTNER
DEPUTY COUNTY ATTORNEY
Mr. Peter Dutnell
P.O. Box 89
North Garden, VA 22959 -0089
Re: Upcoming ACE closing
Dear Mr. Dutnell:
1W
COUNTY OF ALBEMARLE
Office of County Attorney
401 McIntire Road, Suite 325
Charlottesville, Virginia 22902 -4596
PHONE: (434) 972 -4067
FAX: (434) 972 -4068
May 7, 2009
ANDREW H. HERRICK
ANNIE KIM
SENIOR ASSISTANT
COUNTY ATTORNEYS
We are nearing the sale of your Conservation Easement to the County. This letter is to
provide additional background on what to expect.
We will be asking you to sign four documents:
1. Actual Deed of Easement
a. Because this purchase is subject to a state grant, please note that the
proposed Deed has undergone certain revisions, mostly at the state's
request. I am sending the latest comparative version (not for signature),
which highlights the changes.
b. Please note also that the final form of this Deed has yet to be approved by
the Public Recreational Facilities Authority (PRFA), who may request
further revisions
c. Finally, please note that the Deed will require the signatures of the UVA
Community Credit Union, which holds an outstanding Deed of Trust on
the property, and its Trustee. Let us tmow if you intend to contact the
Credit Union for these signatures, or whether you would like our help with
that.
2. Owner's Affidavit as to Mechanic's Liens — This document, required by the
County's title insurer, certifies that no work has been done on the property in the
preceding 123 days and that there are no outstanding claims against the property.
3. HUD -1 Settlement Statement — This accounting shows all expenses and payments
made as part of this purchase. At this point, we do not foresee having to deduct
any expenses from the sellers (your) side.
4. Request For Taxpayer Identification Number And Certification (Form W -9) —
This form is to assist the County's required reporting of this transaction to the
IRS.
Mr. Peter Dutnell
May 7, 2009
Page 2
I have enclosed copies of all four documents for your review prior to closing. We'll go
over the documents at closing, as well. Please bring a photo ID, such as a driver's license, with
you to closing, so that our secretary will be able to notarize your signatures. After you have
signed all the documents, we will send the Deed to our title insurance company to record at the
County Courthouse. Once the Deed has been confirmed recorded, hopefully later that day or the
following business day, we can disburse payment to you.
You are welcome to contact me with any questions or to review these documents with an
attorney of your own choosing. Please contact me when you are ready to proceed. Thank you
for your participation in this program. I look forward to meeting you.
Sincerely,
w
Andrew H. Herrick
Assistant County Attorney
Cc: Ches Goodall (w /o enclosures)
Scott Clark (w /o enclosures)